ALI BAIG, J.---Through this petition filed under section 426, Cr.P.C. the petitioner namely Farhad Alam son of Muhammad Alam seeks suspension of his sentences awarded to him by the learned Sessions Judge Ghizer, vide judgment dated 03-10-2019 and release on bail in case FIR No. 06/2016 dated 29-02-2016 registered under sections 302/459/109/ 506(11)/34, P.P.C. at Police Station Singal, whereby the learned trial Court has convicted and Sentenced the petitioner as follows: I. Under section 302, P.P.C. 05 years simple imprisonment.
II. Under section 459/34, P.P.C. simple imprisonment for 06 months and III. Under section 506 (II), P.P.C. 06 months simple imprisonment,
2. The learned trial Court has also ordered to run all three awarded terms of imprisonment concurrently and benefit of section 382 (8), Cr.P.C. was also extended to the present petitioner/ convict.
3. The learned counsel for petitioner contended the sentences awarded to petitioner/convicted are short and there is no possibility of hearing the main appeal of the appellant by this Court in near future. The learned counsel for the petitioner further contended that the accused/petitioner has already undergone the major portion of his sentence awarded under section 302, P.P.C. and the petitioner has completely undergone the sentences awarded to the petitioner by the trial Court under sections 506(11) and 459, P.P.C., therefore the petitioner is entitle for concession of bail by suspending his sentences.
5. On the other hand the learned counsel for complainant and learned Dy. Advocate General vehemently opposed this petition by contending that petitioner/convict was recently awarded sentences by the learned trial Court vide judgment dated 03-10-2019. The learned counsel for the complainant further argued that the petitioner has been awarded 05 years simple imprisonment by the learned trial Court and under section 426(b), Cr.P.C. the petitioner/ convict can be released on bail who has been sentenced to imprisonment for a period exceeding 3 years but not exceeding 7 years and whose appeal has not been decided in a period of one year of conviction but appeal of the appellant has been filed in this Court on 08-10-2019 thus the petitioner is not entitled for concession of bail.
6. We have heard the learned counsel for the parties and perused the record with their able assistance.
7. From perusal of record it transpires that the accused was convicted and sentenced under section 302(c), P.P.C. imprisonment for a period of 5 years as Tazeer. The petitioner is also convicted under sections 459 and 506(B), P.P.C. and sentenced him imprisonment for the period of 6 months respectively. The petitioner has already undergone the sentences awarded to him under sections 506(11) and 459, P.P.C. The petitioner has also undergone major portion of the sentence awarded under section 302, P.P.C. as the petitioner was arrested on 01-03-2016 as evince from the card of arrest, if the remissions granted to the other convicts including the petitioner from , time to time by the President coupled with remissions under Jail manual are counted, he would have almost undergone the entire sentences awarded to petitioner by the learned trial Court. Moreover hearing of appeal of the petitioner by this Court may take some time. Therefore, the petitioner is entitled to release on bail by suspending his sentence.
8. For what has been discussed above this petition filed under section 426, Cr.P.C. is allowed. Consequently the sentences awarded to the petitioner/ convicted are suspended and the petitioner is released on bail subject to, his furnishing bail bonds a sum of Rs. 500000/- (five lac) with two sureties each in like amount to the satisfaction of Registrar of this Court.
9. The instant Cr. Misc. bearing No.260/2019 is disposed of accordingly.